Crowe v Woollahra Municipal Council [2021] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Crowe v Woollahra Municipal Council [2021] NSWLEC 1569 Hearing dates: Conciliation conference on 20 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to development application DA 123/2021 for alterations and additions to the existing dwelling house at 33 Edward Street Woollahra, subject to the conditions annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions – cl 4.6 written request to justify contravention of height of buildings development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 1.3, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cl 4.3, 4.6, 5.10, 6.1, 6.2 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Stephen Desmond Crowe (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Holt (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)